Cca Requests Updates Please

cocker100

10past6 wrote: »

Who has changed the address on that form?

The address on the application form is my parents address as I lived there when the account was opened.

The address on the current terms and conditions is my present address. I presume that the Brighton debt recovery centre put it on. As they are the current t's and c's, they've put my current address on?

Cocker:)

10past6

Here's what I suggest you do, have you made a SAR request for this a/c? if not, send the following letter pay attention to point 13

Data Protection Act 1998 Subject Access Request

Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable.

cocker100

10past6 wrote: »

Here's what I suggest you do, have you made a SAR request for this a/c? if not, send the following letter pay attention to point 13

Data Protection Act 1998 Subject Access Request

Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable.

No, I hadn't sent a SAR request as i'm sure they would have asked for a signature and I never wanted to give them it for obvious reasons. Now they have sent the CCA though, I cant see any harm in it as it is already signed by me. Would come in rather handy actually as I would SAR all Lloyds accounts in one and I need information on other accounts for ppi/charge reclaims.

Thanks for the template letter, i've been searching for a good one to use.

Cocker:)

pebbles88

louiser123 wrote: »

Help,

i need some advise after i have recieved a reply from marshall ward after requesting the cca.

it says in the letter-
unfortunatly we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. this version includes all contractual variations which have taken place.

then just info on date account opened, amount owed/balance and payments in last 12 months.

what happens now as they have admitted they cant find the agreement so have just sent a blank one, no sig by me or them. none of my details on the top where it states name and adress its just a blank agreement!

is the account still in dispute? what do i do now they have admitted there is no executed agreement?

i guess these are shop direct now , or ran by them anyway.

its identical to what they sent me for my 2 catalogue accounts, and have since admitted they cant pursue for the debt, along with the usual of if they do find it down the line they will chase etc blah blah...

I havent paid a penny, and now have it in writing that they wont pursue so whenever they send me letters demanding payment, i send a copy of that letter. then i dont hear anything for a while, but they dont seem to talk to each other in their departments anyway!! so i would tell them to communicate to you in writing only.

HTH

Broken_hearted

Marks and Spencers just phone my mobile and litterally screamed at me, even calling me too stupid to understand and before hanging up telling me they will hound me till I pass on their calls. I don't like being called stupid by a man I've never met nor do I like being screamed at. They are clearly ignoring everything said to them and reporting just seems to make them worse.

blueforyou

Broken_hearted wrote: »

Marks and Spencers just phone my mobile and litterally screamed at me, even calling me too stupid to understand and before hanging up telling me they will hound me till I pass on their calls. I don't like being called stupid by a man I've never met nor do I like being screamed at. They are clearly ignoring everything said to them and reporting just seems to make them worse.

I feel for you on this one, and nothing I can say will be able to redress whatever that phone monkey moron said or how you feel now.

However, the thing to do would be to let them scream, then calmly ask if they have quite finished.

Then you MUST write (again?) to complain. I know, I know, they don't seem to respond to this but some do.

It takes a desperate person, or most likely a very sad moron to want to do this kind of work on a Bank Holiday, so please hang on and keep fighting.

I had the same with Allied International Credit, and I followed my own advice. The sad ar****les who have to work there haven't come back since.

aj2703

Broken_hearted wrote: »

Marks and Spencers just phone my mobile and litterally screamed at me, even calling me too stupid to understand and before hanging up telling me they will hound me till I pass on their calls. I don't like being called stupid by a man I've never met nor do I like being screamed at. They are clearly ignoring everything said to them and reporting just seems to make them worse.

Get them to do it again, but next time make sure you are recording it the send it to the oft along with a copy to M&S saying that your sending it to the OFT i have a feeling the hassle would soon stop.

rog2

Broken_hearted wrote: »

Marks and Spencers just phone my mobile and litterally screamed at me, even calling me too stupid to understand and before hanging up telling me they will hound me till I pass on their calls. I don't like being called stupid by a man I've never met nor do I like being screamed at. They are clearly ignoring everything said to them and reporting just seems to make them worse.

You must continue to report them, BH, even if you have to log all of their calls.
I would, also, send a copy of all correspondence, whether to M&S, OFT or whoever, to:

Sir Stuart ROSE
Marks and Spencer Group plc
Waterside House
35 North Wharf Road
London
W2 1NW

I did not get any positive reaction from HSBC until I started including their chairman in my mailing. Surprisingly :rolleyes: their attitude changed within days of my first letter that I copied to their chairman.

ladyday

As well as starting my own DMP I'm helping a relative sort their finances out. She sent a SAR request to MBNA with the £10 payment as a cheque from my account so they didn't have her signature. The 40 day limit is up next week and she hasn't heard anything from them and the cheque hasn't cleared through the bank. The request was sent by recorded delivery so she can prove they received the SAR request on 24th April.

So I was wondering, was it a mistake to send payment by cheque, do the 40 days only start when they have cashed it or is it counted from when they received it ? What happens after the 40 days if she hasn't heard anything ?

Thanks for any help.

ladyday

Marbles credit card are one of my creditors and I requested my CCA recently. They replied that they were unable to provide historic terms and conditions and the agreement for the account but would forward it if it became available in the future, the account was opened in 2000 but earlier this year transferred to Bank of Scotland from HFC. The 12+2 time limit will be up next week so I guess technically they will be in default then, but they have just agreed to accept my DMP payments and freeze all interest on the account for at least 6 months.

At the moment I don't want to rock the boat with the DMP payments being accepted, I want to pay as long as they continue to freeze interest. The CCA request was just to see what agreement they might have in case they turned awkward and started threatening court action etc.

So, do I have to send them the 'formal notice - account in dispute' letter for it to actually be in dispute ? Will it still be in dispute if I don't send that letter and if they eventually pass the account to a DCA ?

Thanks for any help with this.